28.02.2013 Views

COMPILED CODE - Iowa Legislature - State of Iowa

COMPILED CODE - Iowa Legislature - State of Iowa

COMPILED CODE - Iowa Legislature - State of Iowa

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

398<br />

§§ 5894-al6-5894-al8. CHATTEL LOANS. Tit. XXI, Ch. 1-A.<br />

3 promise to pay, or security that does not state the actual amount <strong>of</strong><br />

4 the loan, the time for which it is made and the rate <strong>of</strong> interest charged,<br />

5 nor shall he take any instrument in which blanks are left to be filled<br />

6 after execution.<br />

[39 G. A., ch. 35, § 15.]<br />

SEC. 5894-al6. Assignments—exempt property.<br />

1 No assignment <strong>of</strong> or order for the payment <strong>of</strong> any salary, wages,<br />

2 commissions or other compensation for services, earned or to be<br />

3 earned, given to secure any such loan shall be valid unless such loan is<br />

4 contracted simultaneously with its execution; nor shall any such<br />

5 assignment, or order, or any chattel mortgage or other lien on house-<br />

6 hold furniture then in the possession and use <strong>of</strong> the borrower be valid<br />

7 unless in writing signed and acknowledged in person by the borrower ;<br />

8 nor, if the borrower is married, unless signed and acknowledged in<br />

9 person by both husband and wife.<br />

10 Under any such assignment or order for the payment <strong>of</strong> future<br />

11 salary, wages, commissions, or other compensation for services, given<br />

12 as security for a loan made under this chapter, a sum not exceeding ten<br />

13 per centum <strong>of</strong> the borrower's salary, wages, commissions, or other<br />

14 compensation for services, shall be collectible therefrom by the licensee<br />

15 at the time <strong>of</strong> each payment <strong>of</strong> salary, wages, commissions, or other<br />

16 compensation for services, from the time that a copy <strong>of</strong> such assign-<br />

17 ment, verified by the oath <strong>of</strong> the licensee, or his agent, together with a<br />

18 verified statement <strong>of</strong> the amount unpaid upon such loan, is served upon<br />

19 the employer.<br />

[39 G. A., ch. 35, § 16.]<br />

SEC. 5894-al7. Illegal rate <strong>of</strong> interest—evasions.<br />

1 No person, copartnership» or corporation, except as authorized by<br />

2 this chapter shall, directly, or indirectly, charge, contract for, or<br />

3 receive any interest, or consideration greater than eight per centum<br />

4 per annum upon the loan, use, or forbearance <strong>of</strong> money, goods, or<br />

5 things in action, or upon the loan, use, or sale <strong>of</strong> credit, <strong>of</strong> the amount,<br />

6 or value <strong>of</strong> three hundred dollars or less.<br />

7 The foregoing prohibition shall apply to any person who, as<br />

8 security for any such loan, use or forbearance <strong>of</strong> money, goods or<br />

9 things in action or for any such loan, use or sale <strong>of</strong> credit, makes a<br />

10 pretended purchase «<strong>of</strong> property from any person and permits the<br />

11 owner or pledgor to retain the possession there<strong>of</strong>, or who, by any de-<br />

12 vice or pretense <strong>of</strong> charging for his services, or otherwise, seeks to<br />

13 obtain a greater compensation than is authorized by this chapter.<br />

14 No loan for which a greater rate <strong>of</strong> interest or charge than is<br />

15 allowed by this chapter has been contracted for or received, wherever<br />

16 made, shall be enforced in this state, and any person in any wise parti-<br />

17 cipating therein in this state shall be subject to the provisions <strong>of</strong> this<br />

18 chapter.<br />

[39 G. A., ch. 35, § 17.]<br />

SEC. 5894-al8. Violations—penalty.<br />

1 Any person, copartnership, or corporation and the several <strong>of</strong>ficers<br />

2 and employees there<strong>of</strong> who shall violate any <strong>of</strong> the provisions <strong>of</strong> sec-<br />

3 tions fifty-eight hundred ninety-four-a one, fifty-eight hundred ninety-

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!